A.Riyaz (None) 24 November 2015

Judge absent

Hi All,

I have filed a 138 case of Cheque Bounce in January 2015 (Mumbai Andheri Court). The Evidence filing date was in April 2015, but the Judge was transfered and since then the court is Vacant and the evidence filing is still Pending.

Is there any Provision that we can get a case transfer on the basis of Absent Judge. I really need some helo here as its been 8 court dates and 8 months in a row that the Judge is not available.

Please Suggest.

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6 Replies

(Guest)

What is guarantee that judge in next court wont goon leave or transferred out? You are lucky that your file is still intact and always found on dates. Just cool of.

A.Riyaz (None) 25 November 2015

Thanks for your valuable feedback Sir.

I have asked this not only because the court is Vacant, but the respondent will be going out of India in next 3 Months.

The Applicant do not wish to transfer right now, but needed to know if there is any provision regarding the same as he is 73 years of age and have lot of health issues.

Please share If there is any document or any keyword's which I can research will be highly appreciated.

SAINATH DEVALLA (LEGAL CONSULTANT) 25 November 2015

UR case would not have been the only surviving case in that court.If a judge is not posted for a court for a long time,then either an incharge court will officiate or pending cases will be transfered to different courts.UR contention is wrong.

A.Riyaz (None) 25 November 2015

Thanks All for your valuable advice. I appreciate it.

Have a Blessed rest of the week!.

T. Kalaiselvan, Advocate (Advocate) 04 December 2015

These are court procedures which are to be observed helplessly. Curse the fate and cling to it. what else you can do.

(Guest)

Yes I agree sir. Pity abnout this coutnry where every thing is half hearetd and Maskari.

But quesrist can seek personal meeting with D&SJ inchargeof distrcit court with an applciaiton and request for transfer and day to day hearing. rest depends on authotrity to decide. Please do as advised. If you are afraid to do this send speed post letterto D&SJ incharge.Try your luck